In 1998, in a case about the limits of attorney-client privilege, James Hamilton persuaded the court to protect notes he had made of a conversation with a client who later committed suicide. The lawyer on the losing side was Brett M. Kavanaugh, who joined the court this month.
Mar 16, 2013 · March 16, 2013 / 1:32 PM / CBS News. (CBS News) Monday marks the 50th anniversary of Gideon v. Wainwright. The landmark case, guaranteeing the right to counsel in criminal cases, forever changed ...
Nov 02, 2017 · The public defender for Orleans Parish, Derwyn D. Bunton, took on Demesme’s case and filed a motion to suppress Demesme’s statement. In a court brief, Bunton noted that police are legally ...
Oct 15, 2018 · The Supreme Court case, which will be argued Oct. 31, arose from an $8.5 million settlement between Google and class action lawyers who said the company had violated its users’ privacy rights ...
Aug 02, 2017 · Aug. 1, 201700:51. Recently, Adams found himself back in a Wisconsin courtroom, this time working side-by-side with his former attorney Findley, to free another man they believed was wrongfully ...
And when a suspect in an interrogation told detectives to “just give me a lawyer dog,” the Louisiana Supreme Court ruled that the suspect was, in fact, asking for a “lawyer dog,” and not invoking his constitutional right to counsel.
Crichton then concluded: “In my view, the defendant’s ambiguous and equivocal reference to a ‘lawyer dog’ does not constitute an invocation ...
Advertisement. Story continues below advertisement. Warren Demesme, then 22, was being interrogated by New Orleans police in October 2015 after two young girls claimed he had sexually assaulted them.
The public defender for Orleans Parish, Derwyn D. Bunton, took on Demesme’s case and filed a motion to suppress Demesme’s statement. In a court brief, Bunton noted that police are legally bound to stop questioning anyone who asks for a lawyer.
Bunton’s motion to throw out Demesme’s statement was rejected by the trial court and the appeals court, so he took it to the state Supreme Court. The Supreme Court, in a ruling issued last Friday and first reported by Reason, could have denied the appeal without issuing a written ruling, which it does in most cases.
But Justice Crichton decided to write a brief concurrence“to spotlight the very important constitutional issue regarding the invocation of counsel during a law enforcement interview.”. Crichton noted that Louisiana case law has ruled that “if a suspect makes a reference to an attorney that is ambiguous or equivocal . . .
Jarrett Adams recently won his first case as a defense attorney — in the same Wisconsin courthouse that, years ago, sentenced him for a crime he did not commit. Jarrett Adams. Ari Melber / MSNBC. Attorney Jarrett Adams recently helped overturn an innocent man's conviction — in the same state that, years ago, had sentenced him to prison ...
Jarrett Adams. Ari Melber / MSNBC. Attorney Jarrett Adams recently helped overturn an innocent man's conviction — in the same state that, years ago, had sentenced him to prison for a crime he did not commit. The case was Adams' first professional win.
Years After He Was Exonerated, Jarrett Adams is Helping Those Wrongfully Convicted. Recently, Adams found himself back in a Wisconsin courtroom, this time working side-by-side with his former attorney Findley, to free another man they believed was wrongfully convicted. Richard Beranek was convicted of rape in 1990.
By Elizabeth Chuck and Dan Slepian. Attorney Jarrett Adams recently helped overturn an innocent man's conviction — in the same state that, years ago, had sentenced him to prison for a crime he did not commit. The case was Adams' first professional win. But it was also deeply personal for the 36-year-old, who spent nearly 10 years ...
The U.S. Supreme Court has ruled that when a suspect asks for an attorney, the interrogation must end and a lawyer must be provided. But the police disregarded Demesme’s request, and the trial court ruled that the statements he subsequently made can be used to convict him. Advertisement.
In Davis, the suspect had told his interrogators: “Maybe I should talk to a lawyer.”. No lawyer was provided, the interview continued, and the suspect made incriminating statements that were later used to secure his conviction. The Supreme Court held that none of this violated the Constitution.
When Warren Demesme realized that the cops suspected him of child rape, he told them, per the trial court transcript, “I know that I didn’t do it, so why don’t you just give me a lawyer dog ‘cause this is not what’s up.”.
He need only get the point across. Yet because Crichton refused to interpret Demesme’s words as a reasonable police officer surely would , he a sserted that no constitutional violation occurred. Ironically, Crichton’s musing probably makes this case more vulnerable to U.S. Supreme Court review and reversal.
The Supreme Court can forestall this constitutional subversion by taking Demesme’s case—presuming he appeals—and clarifying that a “reasonable police officer” may not deliberately ignore the intent of a suspect who colloquially but unequivocally asks for a lawyer.
Demesme appealed, arguing that his Fifth and Sixth Amendment right to counsel had been violated. A state appeals court held that they were not, and now the state Supreme Court has declined to review that judgment, with only Justice Jefferson Hughes III voting to take Demesme’s appeal.
Confessed, that is, the way a black man with an IQ later found to be in the 50s or 60s could ever legitimately confess to anything in the South in the 1970s. It didn’t take jurors long to convict him and sentence him to death. Hartfield says today that he was coerced into confessing.
Hartfield, a black man from Kansas, was quickly arrested — his fingerprints were on a Dr. Pepper bottle found at the station — and he confessed to the crime. Confessed, that is, the way a black man with an IQ later found to be in the 50s or 60s could ever legitimately confess to anything in the South in the 1970s.
The right to a speedy trial is enshrined in the Sixth Amendment, but like every other part of the Bill of Rights, it has been subjected to a great deal of conflicting interpretations — so much so that even delaying a trial for decades doesn’t automatically mean a violation of constitutional rights.
An audio version of Case in Point is broadcast with The Takeaway, a public radio show from WNYC, Public Radio International, The New York Times and WGBH-Boston Public Radio. When Jerry Hartfield walked out of the Hutchins State Jail in Dallas on Monday into the sunlight and the arms of his family, he became one of the most unlikely prisoners ever ...
When Jerry Hartfield walked out of the Hutchins State Jail in Dallas on Monday into the sunlight and the arms of his family, he became one of the most unlikely prisoners ever to be freed early in Texas. He wasn’t exonerated or released on parole. He wasn’t pardoned by the governor.
Texas officials first botched Hartfield’s case because no one understood the complexities of the state’s procedural laws. Then, when the problem was discovered in 2006, a new generation of Texas officials relied on those same complexities to keep Hartfield in prison for another 11 years.
In an interview with The Marshall Project just after he was released, Hartfield said he holds no animosity for the state lawyers whose arguments kept him confined for so long. “I am not bitter. I am not angry.
Ponton told CNN he had to use his secretary’s computer for the hearing, and suspects she or her daughter had last used the cat’s image. “The cat was empathetic with me,” he said. “It was as upset about it as I was.”. CNN reached out to the county attorney for Presido County but did not hear back.
Ponton told CNN he had to use his secretary's computer for the hearing, and suspects she or her daughter had last used the cat's image. "The cat was empathetic with me," he said. "It was as upset about it as I was.". CNN reached out to the county attorney for Presido County but did not hear back.
Virtual hearings have been a mainstay during the pandemic and it’s no different in Texas. Ferguson said Texas judges have held more than a million virtual hearings at this point. While it may have looked very “un-purr-fessional,” the judge was proud of how all sides handled the situation.
Ferguson used his Twitter account to give the world a public service announcement about using Zoom. “If a child used your computer, before you join a virtual hearing check the Zoom Video Options to be sure filters are off.
Ferguson confirmed the Zoom mishap happened on Tuesday. “It did actually happen. There was no joke involved,” Ferguson told CNN via phone. The Zoom filter was removed within seconds of that moment, Ferguson said. He added that he walked the lawyer through how to turn it off.